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HomeMy WebLinkAbout9505050765 DEED OF TRUST 050595STEWART TITLE cbm ",4 Tradition of Errellence'• FILED FOR RECORD AT REQUEST OF r. PIIFli By.. DART PTIE IIA%l MC,'QC ris15 S FACE +CE PROVIDED FOA RECOADEA-S 115E ss'NEN RECORDED RETURN TO Name CITY CLERK'S OFFICE BUR "ress 25 West Main ubum. WA 98001 qis~ City. Spate, Zip I 1 Deed of Trust (Fow Use in the Store of 111ashington OnA-) THIS DEED OF TRUST, made this 17th day of March 19 95 befsstrn CITY OF AUBURN, WASHINGTON, a municipal corporation GRANTOR 25 West Main Street, Auburn, WA 98001 L/) Whose address is A STEWART TITLE GUARANTY COMPANY. acorporation. TRUSTEE whose address Is 1201 ThirdA+mute.. U7 Suite 3800. Seattle, WA 98101»3055 and in CRISTA MINISTRIES, a nonprofit corporation BENEFICIARY. whose address is 19303 Fremont Ave. No., PO Box 330303, Seattle, WA 98133-9703, WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee inTrum.with flower of sale, the following described Mai property in Auburn, King County, Washington: Lot D, Auburn Short Plat #20-80, as recorded under Survey 1S1 No. 8101079005, and corrected by affidavit under Recording No. j..• 8104280802, being a portion of Harvey H. Jones Donation Claim in 6 Section 6, Township 21 North, Range 5 East, W.M., in King County, m~ Washington; II. J TOGETHER WITH an easement for ingress and egress as provided °1 iiz in instrument recorded under Recording No. 8402020439 and clarified by instrument recorded under Recording No. 9007311728. ILI r- _ J C u u x i~ „a I d' OT•t tpe No 22 which real pn,pcny is MN used pnrn•ipally for agricultural or farming puMvics, i%Whtr with alt the Icncmtnts, hcrcdilatrrcnts. and appurtenances nnw or hereafter thereunto hclnnging or in any wits appertaining. and the rcnl.. mttwi, and pnrfna Itrernrf. This deed is for the purpose of securing perfnrmunce of each agrcemem of tramar hcreist contained, and payment ,d Ihesum oflS 1,170+000.00 .I ONE MILLION ONE HUNDRED .SFVENTY THOUSAND-and N011 On______________ D tl,r~ with interest, m acconlance wnh the trrms of a pnrmiss,rn note of eten Jam hcrcv, nh. pasahle no 9cncticorv tot ordn, and made M Grants. and all mnewak, mods Beat ions and estensinns Iheret4, and alsn such funher sums as may M adsarccd tar I,vned F y Beneficiary to dnm,.r, nr arty of (heir successors or a!esigns. together with imercw Itlercun at such ram n shall he arretd uprm. To proica the security of this Deed or Trust. Grantor cotenants and arse": 1. Tn keep the property in good condition and repair. to pcrmrt rs. wade thereof In complete am building, structure or impnwtment bc,nr huill or at"11 In tr built Ihcrtnn: In rcatom promptly arty budding. structure or tnirit-enrnt Ihemm which mad. he damaged „r dMr%%tU; and to comply with all laws, onlinanres, regulation. covenants. cundmnns and restrwisom attesting the pmptrty. r 2. To pa• j 'ctinquent all lawful ute• and a..e..nKmm uryin rhe-pr-.- the prnpcn. free and clear of all tthcr charges, two$ or cncunihr suing the wuray of this DetJ of Truss. 3. .Tar i addings new or hereafter erected on the property dcvMvJ he-, -wvsA insured atainsn loss by fire or other hazards in an alnraun not less tr.. ,c total debt accred h v this Deed ttf Truss. All puhctes shall he n: :c Bcncticiary, and be in such companies as the Beneficiary may approve and havt loss payable fire in the Beneficiary, N its interest may appear. and incn to the Grantor. The amount collected under arty insurortcr rnlrey may be applied up.m any indehiedness hereby secured in such order as the Beneficiary shall determine. Such aprlicotion by the Beneficiary shall net cause discontinuance of inty pnxeNings to forecftra this Dced of Truss. In the Went of f orrcfosum. all right[ of the Grantor in insurance policies then in fare shall pan to the purchaser at the foreclosure sale. d. To defend any actinn or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. and to pay all costs and expenses, including cat ref tide search and attorney's fees in a rtasnnahfe antrum, in any such action or proceeding. and in any suit brought by BcncfKiary to foreclose this Decd of Trust. 7. To pay 30 costs, fees and expenses in connmiom with this Dced of Trust. including the expenses of the Trust" incurred in enforcing the obligation secured hereby and Trosree-s and anorney's fees actually incurred, as prow ded by uatate. 6. Should Grantor fail to pay when due any taus, assessments, insurance premiums, liens, encumhnnccs or other charges against the property heminabove described. Beneficiary may pay the same. and the amount so pad. with interru at the rate set forth in the note scored hereby, shall be added to and become a pan of the debt secured to this Deed of Trust. IT IS MUTUALLY AGREED THAT. 1. In the twos any prtion of the property is taken nr damaged in an eminent domain proceeding, the entire amount of the award or such portion n may be necexsary to fully satisfy the oblogatiorn secuted htmtty..%hall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date. Beneficiary does not waive its right to require prompt payment when due or all 4 other sums so secured or to declare default for failure tow pay. 3. The Trustee shall reconvey all or any pan off the pmpeny cmcred by this Decd of Trust to the person entitled thereto on written request of the Grantor and the Beneficiary. or upon satisfaction of the nbligatnm secured and written request for nxatvcyancc made by the Beneficiary or the person entitled (hereto. Q 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of am. agreement contained herein. all sums secured N hereby shall immediately became due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary. Trustee shall sell the trust property. in accordanoe with the Dced of Trust Act of the State of Washinginn, at public auct ion to the highest bidder. Any person except Trustre may bid at Trustee's sale. Truuce shall apply the proceeds of the We as follows: ( l Ito the expense of the sale, including a reasonable Trustee's fee and attorney's fn: (2) to the obligation scouted by this Deed of Trust; (d) the surplus, if am. shall be disinbuied to the persons entitled thereto. 3. Trustee shall deliver to the purchaser at the We its deed, without warranty, which shall cnmey to the purchaser the interest in the property which Grantor had or had the power to cofwry at the time od his execution of this Deed of Trust. and such as he may ha%v acquired lhemafter. Trustee's deed shall recite the facts showing that the sale sum conducted in compliance with all the requirements of law and of this Deed of Trust. which recital shall be prima facie cvWcnce of such compliance and conclusive evidence thereof in favnr of bona fide purchaser and encumbntncers for value. 6. The power of sale conferred by this Decd ref Trust and by the Deed of Trust Act of the State of Wmhington is rat an esclusiye remedy: Beneficiary may cause this Deed of Truss to be foreclosed as a mortgage- T. In the event of the death, incapacity, dicahiNy, nr resignation of Trustee. Beneficiary may appnnt in writing a successor trustee. and upon the recordtng of such appointment in the nangage records of the counts in which phis Deed of Trust is recorded, the succenor trustee shall be vested wish all ptwsers of the original Irusnee. The trustee It rust obligated In rawify am party hereto I,( pending sak under arty other Deed of Truss or of any action or proceeding in which Grantor. Truuct or Beneficiary shall he a parrf unfess such action at proceeding is brought by the Trustee. g. This Deed of Trust applies to inures to the berkfrn of. and L% binding not only on the parties hereto, but on their heirs. devisees, legatees. administrators. executors and antgns. The term Beneficiary shall mean the hnldcr and owner of the rote scjG~~ hereby. whether or not named as Beneficiary hemin. 0'4&4' a 1 _ tv% r ar es tats[ , yor, City o Auburn Attest: ~~O 114ka,GC/C_1 Robin o ueter, City Clerk STATE OF WASHINGTON. STATE OF WASHINGTON, ss. u. County of County of KIN, I hereby certify that I know or have satisfactory I certify that I know or have sstidactory evidence thatCharles A. Booth evidence that - and Rehin Wohthueter are X the penonswhto appeared before me, and said person acknowledged that is tht person who appeaicd before me, and said person {-.hey_) signed this instrument, on oath stated that they are acknowledged that (-he_) signed this instru• authorized to execute the instrument and acknowledged it as the Mayor and ment and acknowledged it to be free City Clerk of the City of and voluntary act for the uses and purposes mentioned Auburn Washinitton in this instrument. to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dared: Dated: IL Notary Nbfie in arrd for the Starr of Ilathinglon, residing at sfr appointment expires Notary Aihli nand for ncrStart }rf Il ashinvon. residing ar-u tit.ClUlt l AN appointment expires f!-, 5 REQUEST FOR FULL RECONVEYANCE Dry not record. To be used on/v tyhen note has been paid. V/ A FM By.. Mal RTLP 1AAV o5 TO: TRUSTEE. The undemened n Iht kcal raw nor and hnlJer of the -c and all,vher rya Ic McJrc,, v,wrd h rho snhrn facrd.y Truss .54;41 n.rlr. Inftthta rirh all other rn.kht u)r .ectrred P. acrd fkrd of Tmu. has been fully pa.d and wtrsfiM. and .nu arc htreh. revuetred aM Jercled, on ra•mtm ht vow nr am wen. Irma in hou unkr the arena 4 tawt Mee of Trutt. In carrN acrd tart aAwe nit ntnnxd. and all .[her t-dance, rJ .n,1rMtJnet. ucueed 1% aaW omj.+ Truce JrlnrrrJ In wAw hert-oh, o.,rtthrr worn tar, uss Dced of Truu, rtaJ 10 Mien. ry. sudhtan w'alr4My In Iht partat deufnattd I.r the arms rt U d D"d it Triov ell the tuna n» helJ h yrtu rhercura ru Daad • 19 -